2019 (7) TMI 1884

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....R-1]. ORDER Learned counsel for the applicant has filed a compromise application which is pending for consideration. 2. After perusal of this case, it is found that the present criminal revision has been presented before this Court while the applicant is absconding. The applicant has been convicted under Section 138 of Negotiable Instruments Act and sentenced to undergo one year RI (two c....

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....applicant has filed this criminal revision before this Court, but, it is found that after passing the judgment by the appellate Court dated 26th February, 2018 the applicant was not sent to jail custody because he was not present before the appellate Court nor surrendered before the trial Court as well as before the appellate Court and remained absconded not obeying the order passed by the trial C....

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....nied by an affidavit of the appellant/applicant or some other persons acquainted with the facts of the case." 5. A bare reading of the rules, no revision shall be entertained against any conviction and sentence if the applicant is absconded and not obeying the order of trial Court as well as appellate Court. During absconding of the applicant, revision is not tenable before this Court. The appl....

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....ourt also pointed out in the earlier order dated 02/05/2018 in this regard and dismissed the application (I.A. No.6242/2018) filed for suspension of sentence and grant of bail and considered that the applicant should surrender first before the trial Court. However, till now the applicant has not surrenderred before the trial Court and not obeying the judgment of trial Court as well as appellate Co....